Strike out all after the enacting clause and insert
the part printed in italic

A BILL

To establish a Special Counsel for Child Exploitation
Prevention and Interdiction within the Office of the Deputy Attorney General,
to improve the Internet Crimes Against Children Task Force, to increase
resources for regional computer forensic labs, and to make other improvements
to increase the ability of law enforcement agencies to investigate and
prosecute child predators.

1.

Short title; table of
contents

(a)

Short
title

This Act may be cited
as the Combating Child Exploitation
Act of 2007.

(b)

Table of
contents

The table of
contents for this Act is as follows:

Sec. 1. Short title;
table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I—Special Counsel
for Child Exploitation Prevention and Interdiction

Sec. 101. Establishment of Special
Counsel for Child Exploitation Prevention and Interdiction.

The Internet has
facilitated the growth of a multi-billion dollar global market for images and
video of children being sexually-displayed, raped, and tortured, far exceeding
law enforcement's capacity to respond at the Federal, State, and local
level.

(2)

The explosion of
child pornography trafficking is claiming very young victims. Research by the
Department of Justice, the University of New Hampshire, and the National Center
for Missing and Exploited Children indicates that among those arrested for
possession of child pornography, 83 percent have images of children 6-12 years
old, 39 percent have images of children 3-5 years old, and 19 percent have
images of children under the age of 3 years old.

(3)

The images and
videos being trafficked typically depict sexual assaults that are both graphic
and brutal. The same research indicates that 80 percent of known child
pornography possessors have images of children being sexually penetrated and 21
percent have images depicting children bound, gagged, blindfolded, or
otherwise enduring sadistic sex. Just 1 percent restricted their
collecting to images of simple child nudity.

(4)

Millions of
American children and teens are at risk from sexual predators who are hunting,
stalking, and luring minors online. Along with the incredible access to the
world offered our children by the Internet, the Internet also offers the world
access to our children.

(5)

The Internet
Crimes Against Children Task Force program (ICAC Program) of the
Department of Justice has identified millions of child pornography transactions
involving images and video of child sexual assault from millions of computer IP
addresses worldwide.

(6)

The ICAC Program
has been highly successful in creating and sustaining an emerging national
network of 46 Federal, State, and local task forces, which form the backbone of
America's national readiness to combat child exploitation.

(7)

In testimony
before Congress, law enforcement experts have expressed consensus that lack of
dedicated forensic analysis capacity is a severe problem at the Federal, State,
and local level, severely limiting the number of predators that can be
interdicted and children that can be identified and rescued.

(8)

The Federal Bureau
of Investigation, the Department of Immigrations and Customs Enforcement, and
the United States Postal Inspection Service have each developed highly
specialized and successful child exploitation investigative capabilities, yet
these agencies have testified to Congress that they must triage the
overwhelming number of child exploitation crimes and cannot investigate a large
percentage of known crimes.

(9)

Child pornography
and online child enticement crimes have among the highest conviction rates of
any child sexual offense, and the Department of Justice funded research
indicates that the majority of child pornography offenders have committed or
attempted direct sexual contact offenses against children. Investigating and
prosecuting these predators is thus one of the most concrete and measurable
strategies for the prevention of future child sexual abuse.

3.

Definitions

In this Act, the following definitions shall
apply:

(1)

Child
exploitation

The term child exploitation means any
conduct, or an attempt or conspiracy to commit such conduct, constituting
criminal sexual abuse of a minor, sexual exploitation of a minor, abusive
sexual contact of a minor, sexually explicit conduct with a minor, or any
similar offense under Federal or State law.

(2)

Minor

The
term minor means any person under the age of 18 years.

(3)

Sexually
explicit conduct

The term sexually explicit
conduct has the meaning as in section 2256 of title 18, United States
Code.

I

Special Counsel
for Child Exploitation Prevention and Interdiction

101.

Establishment
of Special Counsel for Child Exploitation Prevention and Interdiction

(a)

In
General

The Attorney General shall appoint a Special Counsel for
Child Exploitation Prevention and Interdiction within the Office of the Deputy
Attorney General.

(b)

Duties of the
special counsel

The Special Counsel appointed under subsection
(a) shall have the following duties:

(1)

Coordinating the
policies and strategies of the Department of Justice related to the prevention
and investigation of child exploitation cases, including the policies and
strategies of the Office of Justice Programs, the Criminal Division of the
Department of Justice, the Executive Office of United States Attorneys, the
Federal Bureau of Investigation, and any other agency or bureau of the
Department of Justice whose activities relate to child exploitation
cases.

(2)

Pursuing
memorandums of understanding or other interagency agreements related to the
prevention, investigation, and apprehension of individuals exploiting children,
including seeking cooperation and collaboration with—

(A)

the Bureau of
Immigration and Customs Enforcement;

(B)

the Department of
State;

(C)

the Department of
Commerce;

(D)

the Department of
Education; and

(E)

other Federal
agencies.

(3)

Directing and
overseeing the ICAC Task Force Program established under section 102.

(4)

Directing and
overseeing the National Internet Crimes Against Children Data Network Center
established under section 105.

(5)

Directing and
overseeing the ICAC grant program established under section 106.

(6)

Coordinating
technical assistance to Federal, State, local, and tribal law enforcement
agencies in the prevention, investigation, and prosecution of child
exploitation crimes.

(7)

Coordinating
training to Federal, State, local, and tribal law enforcement agencies in the
prevention, investigation, and prosecution of child exploitation crimes.

Directing and
overseeing programs for child exploitation prevention and education, including
programs related to Internet safety.

(10)

Maintaining
liaison with the judicial branches of the Federal and State Governments on
matters relating to child exploitation.

(11)

Providing
information to the President, the Congress, the judiciary, State, local, and
tribal governments, and the general public on matters relating to child
exploitation.

(12)

Serving, at the
request of the Attorney General, as the representative of the Department of
Justice on domestic task forces, committees, or commissions addressing policy
or issues relating to child exploitation.

(13)

Serving, at the
request of the President, acting through the Attorney General, as the
representative of the United States Government on human rights and economic
justice matters related to child exploitation in international fora, including
the United Nations.

(14)

Providing
technical assistance, coordination, and support to—

(A)

other components
of the Department of Justice, in efforts to develop policy and to enforce
Federal laws relating to child exploitation cases, including the litigation of
civil and criminal actions relating to enforcing such laws;

(B)

other Federal,
State, local, and tribal agencies, in efforts to develop policy, provide
technical assistance, and improve coordination among agencies carrying out
efforts to eliminate child exploitation; and

(C)

grantees, in
efforts to combat child exploitation and to provide support and assistance to
victims of such exploitation.

102.

Establishment
of ICAC Task Force Program

(a)

Establishment

There is established within the Office of
Justice Programs in the Department of Justice, under the general authority of
the Attorney General, an Internet Crimes Against Children Task Force
(hereinafter in this title referred to as the ICAC Task Force),
which shall consist of a national program of State and local law enforcement
task forces dedicated to developing effective responses to online enticement of
children by sexual predators, child exploitation, and child obscenity and
pornography cases.

(b)

National
program

The national ICAC Task Force program required under
subsection (a) shall consist of at least 1 ICAC task force in each
State.

103.

Purpose of ICAC
Task Forces

The ICAC Task
Force, and each State or local ICAC task force that is part of the national
program of task forces shall be dedicated towards—

(1)

increasing the
investigative capabilities of State and local law enforcement officers in the
detection, investigation, and apprehension of Internet crimes against children
offenses or offenders, including technology-facilitated child exploitation
offenses;

(2)

conducting
proactive and reactive Internet crimes against children investigations;

(3)

providing training
and technical assistance to ICAC Task Forces and other Federal, State, and
local law enforcement agencies in the areas of investigations, forensics,
prosecution, community outreach, and capacity-building, using recognized
experts to assist in the development and delivery of training programs;

(4)

increasing the
number of Internet crimes against children offenses being prosecuted in both
Federal and State courts;

(5)

creating a
multiagency task force response to Internet crimes against children offenses
within each State;

(6)

enhancing
nationwide responses to Internet crimes against children offenses, including
assisting other ICAC task forces, as well as other Federal, State, and local
agencies with Internet crimes against children investigations and
prosecutions;

(7)

developing and
delivering Internet crimes against children public awareness and prevention
programs; and

(8)

participating in
such other activities, both proactive and reactive, that will enhance
investigations and prosecutions of Internet crimes against children.

104.

Duties and
functions of Task Forces

Each
State or local ICAC task force that is part of the national program of task
forces shall—

(1)

consist of State
and local investigators, prosecutors, forensic specialists, and education
specialists who are dedicated full-time to address the goals of such task
force;

(2)

work consistently
towards achieving the purposes described in section 103;

provide forensic,
preventive, and investigative assistance to parents, educators, prosecutors,
law enforcement, and others concerned with Internet crimes against
children;

(5)

develop
multijurisdictional, multiagency responses and partnerships to Internet crimes
against children offenses through ongoing informational, administrative, and
technological support to other State and local law enforcement agencies, as a
means for such agencies to acquire the necessary knowledge, personnel, and
specialized equipment to investigate and prosecute such offenses;

(6)

fully participate
in any nationally coordinated investigation, as requested by the Attorney
General;

(7)

establish
investigative and prosecution standards, consistent with established norms, to
which that task force shall comply;

(8)

investigate, and
seek prosecution on, tips related to Internet crimes against children,
including tips from other law enforcement agencies, ICAC task forces, the
National Center for Missing and Exploited Children, and other Federal, State,
and local agencies;

(9)

develop procedures
for handling seized evidence;

(10)

maintain such
reports and records as are required under this title; and

(11)

seek to comply
with national standards regarding the investigation and prosecution of Internet
crimes against children, as set forth by the Attorney General, to the extent
such standards are consistent with the law of the State where the task force is
located.

105.

National ICAC
Data Network Center

(a)

In
general

The Attorney General shall establish a National Internet
Crimes Against Children Data Network Center.

(b)

Purpose of
Center

The National Internet Crimes Against Children Data Network
Center established under subsection (a) shall be dedicated to assisting—

The National Internet Crimes Against
Children Data Network Center established under subsection (a) shall develop and
maintain an integrated technology and training program that provides—

(1)

a secure, online
information-sharing and case management system for use by ICAC Task Forces,
Federal law enforcement agencies, and other State and local law enforcement
agencies;

(2)

a secure, online
system for resolving case conflicts, for use by ICAC Task Forces, Federal law
enforcement agencies, and other State and local law enforcement
agencies;

(3)

a secure
intelligence data storage and analysis system for use by ICAC Task Forces,
Federal law enforcement agencies, and other State and local law enforcement
agencies;

(4)

guidelines for the
use of such Data Network by Federal, State, and local law enforcement agencies;
and

(5)

training and
technical assistance on the use of such Data Network by Federal, State, and
local law enforcement agencies.

(d)

Authorization of
appropriations

There are authorized to be appropriated for each
of the fiscal years 2008 through 2015, $2,000,000 to carry out the provisions
of this section, including for—

(1)

the establishment
of the National Internet Crimes Against Children Data Network Center;
and

(2)

the costs of
operating and maintaining such Center.

106.

ICAC grant
program

(a)

Establishment

(1)

In
general

The Attorney General is authorized to award grants to
State and local ICAC task forces to assist in carrying out the duties and
functions described under section 104.

(2)

Formula

(A)

Attorney General
to develop

At least 75 percent of the total funds appropriated
for grants under paragraph (1) shall be awarded or otherwise distributed
pursuant to a funding formula established by the Attorney General.

(B)

Baseline
amount

Any formula established by the Attorney General under
subparagraph (A), shall—

(i)

ensure that each
State or local ICAC task force shall, at a minimum, receive an amount equal to
1 percent of the total funds appropriated for grants under paragraph (1);
and

(ii)

take into
consideration the following factors:

(I)

The population of
each State, as determined by the most recent decennial census performed by the
Bureau of the Census.

(II)

The number of
investigative leads generated by the integrated technology system of each ICAC
Task Force.

(III)

The number of
Internet crimes against children criminal cases referred by a task force for
Federal, State, or local prosecution.

(IV)

The number of
successful prosecutions of child exploitation cases by a task force.

(V)

Such other
criteria as the Attorney General determines demonstrates the level of need for
additional resources by a task force.

(C)

Remaining
funds

(i)

In
general

The funds remaining for grants under this section after
allocation of the baseline amounts under subparagraph (B) shall be distributed
to State and local ICAC task forces based upon need, as set forth by criteria
established by the Attorney General. Such criteria shall include:

(I)

The population of
each State, as determined by the most recent decennial census performed by the
Bureau of the Census.

(II)

The number of
investigative leads generated by the integrated technology system of each ICAC
Task Force.

(III)

The number of
Internet crimes against children criminal cases referred by a task force for
Federal, State, or local prosecution.

(IV)

The number of
successful prosecutions of child exploitation cases by a task force.

(V)

Such other
criteria as the Attorney General determines demonstrates the level of need for
additional resources by a task force.

(ii)

Matching
requirement

To be eligible to receive any remaining grant funds
under this subparagraph, a State or local ICAC task force shall contribute
matching non-Federal funds in an amount equal to not less than 25 percent of
the total amount of the grant.

(b)

Application

(1)

In
general

Each State or local ICAC task force seeking a grant under
this section shall submit an application to the Attorney General at such time,
in such manner, and accompanied by such information as the Attorney General may
reasonably require.

(2)

Contents

Each
application submitted pursuant to paragraph (1) shall—

(A)

describe the
activities for which assistance under this section is sought; and

(B)

provide such
additional assurances as the Attorney General determines to be essential to
ensure compliance with the requirements of this title.

establish and
support forensic laboratories utilized in Internet crimes against children
investigations;

(3)

support
investigations and prosecutions of Internet crimes against children;

(4)

conduct and assist
with education programs to help children and parents protect themselves from
Internet predators;

(5)

conduct and attend
training sessions related to successful investigations and prosecutions of
Internet crimes against children; and

(6)

fund any other
activities directly related to preventing, investigating, or prosecuting
Internet crimes against children.

(d)

Reporting
requirements

(1)

ICAC
reports

To measure the results of the activities funded by grants
under this section, and to assist the Attorney General in complying with the
Government Performance and Results Act (Public Law 103–62; 107 Stat. 285), each
State or local ICAC task force receiving a grant under this section shall, on
an annual basis, submit a report to the Attorney General that sets forth the
following:

(A)

Staffing levels of
the task force, including the number of investigators, prosecutors, education
specialists, and forensic specialists dedicated to investigating and
prosecuting Internet crimes against children.

(B)

Investigation and
prosecution performance measures of the task force, including—

(i)

the number of
Internet crimes against children related arrests;

(ii)

the number of
prosecutions for Internet crimes against children, including—

(I)

whether the
prosecution resulted in a conviction for such crime; and

(II)

the sentence and
the statutory maximum for such crime under State law.

(C)

The number of
referrals made by the task force to the United States Attorneys office,
including whether the referral was accepted by the United States
Attorney.

(D)

The number of
investigative technical assistance sessions that the task force provided to
non-member law enforcement agencies.

(E)

The number of
computer forensic examinations that the task force completed.

(F)

The number of law
enforcement agencies participating in Internet crimes against children program
standards established by the task force.

(2)

Report to
Congress

Not later than 1 year after the date of enactment of
this Act, the Attorney General shall submit a report to Congress on—

(A)

the progress of
the development of the ICAC Task Forces established under this title;
and

(B)

the number of
Federal and State investigations, prosecutions, and convictions in the prior
12-month period related to child exploitation.

107.

Authorization
of appropriations

(a)

In
general

There are authorized to be appropriated to carry out this
title—

(1)

$60,000,000 for
fiscal year 2008;

(2)

$75,000,000 for
fiscal year 2009;

(3)

$75,000,000 for
fiscal year 2010;

(4)

$75,000,000 for
fiscal year 2011;

(5)

$75,000,000 for
fiscal year 2012;

(6)

$75,000,000 for
fiscal year 2013;

(7)

$100,000,000 for
fiscal year 2014; and

(8)

$100,000,000 for
fiscal year 2015.

(b)

Availability

Funds
appropriated under subsection (a) shall remain available until expended.

II

Additional
measures to combat child exploitation

201.

Additional
regional computer forensic labs

(a)

Additional
resources

The Attorney shall establish additional computer
forensic capacity to address the current backlog for computer forensics,
including for child exploitation investigations. The Attorney General may
utilize funds under this title to establish new regional computer forensic
laboratories within the Regional Computer Forensic Laboratories Program
operated by the Federal Bureau of Investigation or may increase capacity at
existing laboratories.

(b)

New computer
forensic labs

If the Attorney General determines that new
regional computer forensic laboratories are needed under subsection (a) to
address existing backlogs, such new laboratories shall be established pursuant
to subsection (d).

(c)

Purpose of new
resources

The additional forensic capacity established by the
resources provided under this section shall prioritize its activities to assist
Federal agencies, State and local Internet Crimes Against Children task forces,
and other Federal, State, and local law enforcement agencies in preventing,
investigating, and prosecuting Internet crimes against children.

(d)

Purpose of new
additional capacity

The location of any new regional computer
forensic laboratories under this section shall be determined by the Attorney
General, in consultation with the Director of the Federal Bureau of
Investigation, the Regional Computer Forensic Laboratory National Steering
Committee, and other relevant stakeholders.

(e)

Report

Not
later than 1 year after the date of enactment of this Act, and every year
thereafter, the Attorney General shall submit a report to the Congress on how
the funds appropriated under this section were utilized.

(f)

Authorization of
appropriations

There are authorized to be appropriated for fiscal
years 2008 through 2015, $7,00,000 to carry out the provisions of this
section.

202.

Enhanced
authority to investigate Internet crimes against children

Section 2516(2) of title 18, United States
Code, is amended by inserting or crimes against children, including
child exploitation, child obscenity, or other crimes dangerous to the life,
limb, and well-being of minor children, after other dangerous
drugs,.

203.

Additional
field agents for the FBI

(a)

In
general

There are authorized
to be appropriated to the Attorney General $20,000,000, for each of the fiscal
years 2008 through 2009, and $25,000,000 for each of fiscal years 2010 through
2015, to fund the hiring of full-time Federal Bureau of Investigation field
agents and associated analysts and support staff in addition to the number of
such employees serving in those capacities on the date of enactment of this
Act.

(b)

Sole
purpose

The sole purpose of the additional staff required to be
hired under subsection (a) is to work on child exploitation cases as part of
the Federal Bureau of Investigation's Innocent Images National
Initiative.

204.

Immigrations
and customs enforcement enhancement

(a)

Additional
agents

There are authorized
to be appropriated to the Secretary of Homeland Security $15,000,000, for each
of the fiscal years 2008 through 2015, to fund the hiring of full-time agents
and associated analysts and support staff within the Bureau of Immigration and
Customs Enforcement in addition to the number of such employees serving in
those capacities on the date of enactment of this Act.

(b)

Sole
purpose

The sole purpose of the additional staff required to be
hired under subsection (a) is to work on child exploitation and child obscenity
cases.

205.

Combating
trafficking via the United States Postal Service

(a)

In
general

There are authorized
to be appropriated to the Postmaster General $5,000,000, for each of the fiscal
years 2008 through 2015, to fund the hiring of full-time agents and associated
analysts and support staff in addition to the number of such employees serving
in those capacities on the date of enactment of this Act.

(b)

Sole
purpose

The sole purpose of the additional staff required to be
hired under subsection (a) is to work on child exploitation and child obscenity
cases.

The Attorney General, in consultation with
the Secretary of Homeland Security and the Postmaster General, shall report to
the Committees on the Judiciary of the Senate and House of Representatives and
any other relevant committee of jurisdiction, on an annual basis, on the
resources (agents, forensic labs, prosecutors, etc.) being utilized by such
agencies to investigate and prosecute child exploitation and child obscenity
cases, including the resources established under this title, the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587),
and any other law related to combating child exploitation and child
obscenity.

207.

Truth in
sentencing report

Not later
than 1 year after the date of enactment of this Act, the Comptroller General of
the United States shall conduct a study and report to Congress on the efforts
to combat child exploitation at the Federal, State, and local level, including
an examination of the average sentences for child sex offenders and the length
of time served for each individual child sex offender.

1.

Short title; table of
contents

(a)

Short
Title

This Act may be cited as the Combating Child Exploitation Act of
2008.

(b)

Table of
Contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of
contents.

Sec. 2. Definitions.

TITLE I—National Strategy for Child
Exploitation Prevention and Interdiction

Sec. 101. Establishment of National Strategy
for Child Exploitation Prevention and Interdiction.

Sec. 305. Prohibiting the alteration of an
image of a real child to create an image of sexually explicit
conduct.

Sec. 306. Referrals to authorized foreign law
enforcement agencies.

TITLE IV—National Institute of
Justice Study of Risk Factors

Sec. 401. NIJ Study of Risk Factors for
Assessing Dangerousness.

2.

Definitions

In this Act, the following definitions shall
apply:

(1)

Child
exploitation

The term child exploitation means any
conduct, attempted conduct, or conspiracy to engage in conduct involving a
minor that violates section 1591, chapter 109A, chapter 110, and chapter 117 of
title 18, United States Code, or any sexual activity involving a minor for
which any person can be charged with a criminal offense.

(2)

Child
obscenity

The term child obscenity means any
visual depiction proscribed by section 1466A of title 18, United States
Code.

(3)

Minor

The
term minor means any person under the age of 18 years.

(4)

Sexually explicit
conduct

The term sexually explicit conduct has the
meaning given such term in
section
2256 of title 18, United States Code.

I

National Strategy for
Child Exploitation Prevention and Interdiction

101.

Establishment of
National Strategy for Child Exploitation Prevention and Interdiction

(a)

In
general

The Attorney General of the United States shall create
and implement a National Strategy for Child Exploitation Prevention and
Interdiction.

(b)

Timing

Not
later than February 1 of each year, the Attorney General shall submit to
Congress the National Strategy established under subsection (a).

(c)

Required contents of
National Strategy

The National Strategy established under
subsection (a) shall include the following:

(1)

Comprehensive long-range,
goals for reducing child exploitation.

(2)

Annual measurable
objectives and specific targets to accomplish long-term, quantifiable goals
that the Attorney General determines may be achieved during each year beginning
on the date when the National Strategy is submitted.

(3)

Annual budget priorities
and Federal efforts dedicated to combating child exploitation, including
resources dedicated to Internet Crimes Against Children task forces, Project
Safe Childhood, FBI Innocent Images Initiative, the National Center for Missing
and Exploited Children, regional forensic computer labs, Internet Safety
programs, and all other entities whose goal or mission is to combat the
exploitation of children that receive Federal support.

(4)

A 5-year projection for
program and budget goals and priorities.

(5)

A review of the policies
and work of the Department of Justice related to the prevention and
investigation of child exploitation crimes, including efforts at the Office of
Justice Programs, the Criminal Division of the Department of Justice, the
Executive Office of United States Attorneys, the Federal Bureau of
Investigation, the Office of the Attorney General, the Office of the Deputy
Attorney General, the Office of Legal Policy, and any other agency or bureau of
the Department of Justice whose activities relate to child exploitation.

(6)

A description of the
Department’s efforts to coordinate with international, State, local, tribal law
enforcement, and private sector entities on child exploitation prevention and
interdiction efforts.

(7)

Plans for interagency
coordination regarding the prevention, investigation, and apprehension of
individuals exploiting children, including cooperation and collaboration
with—

(A)

Immigration and Customs
Enforcement;

(B)

the United States Postal
Inspection Service;

(C)

the Department of
State;

(D)

the Department of
Commerce;

(E)

the Department of
Education;

(F)

the Department of Health
and Human Services; and

(G)

other appropriate Federal
agencies.

(8)

A review of the Internet
Crimes Against Children Task Force Program, including—

(A)

the number of ICAC task
forces and location of each ICAC task force;

(B)

the number of trained
personnel at each ICAC task force;

(C)

the amount of Federal
grants awarded to each ICAC task force;

(D)

an assessment of the
Federal, State, and local cooperation in each task force, including—

(i)

the number of arrests
made by each task force;

(ii)

the number of criminal
referrals to United States attorneys for prosecution;

(iii)

the number of
prosecutions and convictions from the referrals made under clause (ii);

(iv)

the number, if
available, of local prosecutions and convictions based on ICAC task force
investigations; and

(v)

any other information
demonstrating the level of Federal, State, and local coordination and
cooperation, as such information is to be determined by the Attorney
General;

(E)

an assessment of the
training opportunities and technical assistance available to support ICAC task
force grantees; and

(F)

an assessment of the
success of the Internet Crimes Against Children Task Force Program at
leveraging State and local resources and matching funds.

(9)

An assessment of the
technical assistance and support available for Federal, State, local, and
tribal law enforcement agencies, in the prevention, investigation, and
prosecution of child exploitation crimes.

(10)

The backlog of forensic
analysis for child exploitation cases at each FBI Regional Forensic lab and an
estimate of the backlog at State and local labs.

(11)

Plans for reducing the
forensic backlog described in paragraph (10), if any, at Federal, State and
local forensic labs.

(12)

A review of the Federal
programs related to child exploitation prevention and education, including
those related to Internet safety, including efforts by the private sector and
nonprofit entities, or any other initiatives, that have proven successful in
promoting child safety and Internet safety.

(13)

An assessment of the
future trends, challenges, and opportunities, including new technologies, that
will impact Federal, State, local, and tribal efforts to combat child
exploitation.

(14)

Plans for liaisons with
the judicial branches of the Federal and State governments on matters relating
to child exploitation.

(15)

An assessment of Federal
investigative and prosecution activity relating to reported incidents of child
exploitation crimes, which shall include a number of factors, including—

(A)

the number of
high-priority suspects (identified because of the volume of suspected criminal
activity or because of the danger to the community or a potential victim) who
were investigated and prosecuted;

(B)

the number of
investigations, arrests, prosecutions and convictions for a crime of child
exploitation; and

(C)

the average sentence
imposed and statutory maximum for each crime of child exploitation.

(16)

A review of all
available statistical data indicating the overall magnitude of child
pornography trafficking in the United States and internationally,
including—

(A)

the number of computers
or computer users, foreign and domestic, observed engaging in, or suspected by
law enforcement agencies and other sources of engaging in, peer-to-peer file
sharing of child pornography;

(B)

the number of computers
or computer users, foreign and domestic, observed engaging in, or suspected by
law enforcement agencies and other reporting sources of engaging in, buying and
selling, or other commercial activity related to child pornography;

(C)

the number of computers
or computer users, foreign and domestic, observed engaging in, or suspected by
law enforcement agencies and other sources of engaging in, all other forms of
activity related to child pornography;

(D)

the number of tips or
other statistical data from the National Center for Missing and Exploited
Children’s CybertTipline and other data indicating the magnitude of child
pornography trafficking; and

(E)

any other statistical
data indicating the type, nature, and extent of child exploitation crime in the
United States and abroad.

(17)

Copies of recent
relevant research and studies related to child exploitation, including—

(A)

studies related to the
link between possession or trafficking of child pornography and actual abuse of
a child;

(B)

studies related to
establishing a link between the types of files being viewed or shared and the
type of illegal activity; and

(C)

any other research,
studies, and available information related to child exploitation.

(18)

A review of the extent
of cooperation, coordination, and mutual support between private sector and
other entities and organizations and Federal agencies, including the
involvement of States, local and tribal government agencies to the extent
Federal programs are involved.

(19)

The results of the
Project Safe Childhood Conference or other conferences or meetings convened by
the Department of Justice related to combating child exploitation

(d)

Appointment of
high-level official

(1)

In
general

The Attorney General shall designate a senior official at
the Department of Justice to be responsible for coordinating the development of
the National Strategy established under subsection (a).

(2)

Duties

The
duties of the official designated under paragraph (1) shall include—

(A)

acting as a liaison with
all Federal agencies regarding the development of the National Strategy;

(B)

working to ensure that
there is proper coordination among agencies in developing the National
Strategy;

(C)

being knowledgeable about
budget priorities and familiar with all efforts within the Department of
Justice and the FBI related to child exploitation prevention and interdiction;
and

(D)

presenting the National
Strategy to Congress and being available to answer questions related to the
strategy at congressional hearings, if requested by committees of appropriate
jurisdictions, on the contents of the National Strategy and progress of the
Department of Justice in implementing the National Strategy.

102.

Establishment of
National ICAC Task Force Program

(a)

Establishment

(1)

In
general

There is established within the Department of Justice,
under the general authority of the Attorney General, a National Internet Crimes
Against Children Task Force Program (hereinafter in this title referred to as
the ICAC Task Force Program), which shall consist of a national
program of State and local law enforcement task forces dedicated to developing
effective responses to online enticement of children by sexual predators, child
exploitation, and child obscenity and pornography cases.

(2)

Intent of
Congress

It is the purpose and intent of Congress that the ICAC
Task Force Program established under paragraph (1) is intended to continue the
ICAC Task Force Program authorized under title I of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998, and funded under title IV of the Juvenile Justice and
Delinquency Prevention Act of 1974.

(b)

National
Program

(1)

State
representation

The ICAC Task Force Program established under
subsection (a) shall include at least 1 ICAC task force in each State.

(2)

Capacity and continuity
of investigations

In order to maintain established capacity and
continuity of investigations and prosecutions of child exploitation cases, the
Attorney General, shall, in establishing the ICAC Task Force Program under
subsection (a) consult with and consider all 59 task forces in existence on the
date of enactment of this Act. The Attorney General shall include all existing
ICAC task forces in the ICAC Task Force Program, unless the Attorney General
makes a determination that an existing ICAC does not have a proven track record
of success.

103.

Purpose of ICAC task
forces

The ICAC Task Force
Program, and each State or local ICAC task force that is part of the national
program of task forces, shall be dedicated toward—

(1)

increasing the
investigative capabilities of State and local law enforcement officers in the
detection, investigation, and apprehension of Internet crimes against children
offenses or offenders, including technology-facilitated child exploitation
offenses;

(2)

conducting proactive and
reactive Internet crimes against children investigations;

(3)

providing training and
technical assistance to ICAC task forces and other Federal, State, and local
law enforcement agencies in the areas of investigations, forensics,
prosecution, community outreach, and capacity-building, using recognized
experts to assist in the development and delivery of training programs;

(4)

increasing the number of
Internet crimes against children offenses being investigated and prosecuted in
both Federal and State courts;

(5)

creating a multiagency
task force response to Internet crimes against children offenses within each
State;

(6)

participating in the
Department of Justice’s Project Safe Childhood initiative, the purpose of which
is to combat technology-facilitated sexual exploitation crimes against
children;

(7)

enhancing nationwide
responses to Internet crimes against children offenses, including assisting
other ICAC task forces, as well as other Federal, State, and local agencies
with Internet crimes against children investigations and prosecutions;

(8)

developing and delivering
Internet crimes against children public awareness and prevention programs;
and

(9)

participating in such
other activities, both proactive and reactive, that will enhance investigations
and prosecutions of Internet crimes against children.

104.

Duties and functions
of task forces

Each State or
local ICAC task force that is part of the national program of task forces
shall—

(1)

consist of State and
local investigators, prosecutors, forensic specialists, and education
specialists who are dedicated to addressing the goals of such task
force;

(2)

work consistently toward
achieving the purposes described in section 103;

provide forensic,
preventive, and investigative assistance to parents, educators, prosecutors,
law enforcement, and others concerned with Internet crimes against
children;

(5)

develop
multijurisdictional, multiagency responses and partnerships to Internet crimes
against children offenses through ongoing informational, administrative, and
technological support to other State and local law enforcement agencies, as a
means for such agencies to acquire the necessary knowledge, personnel, and
specialized equipment to investigate and prosecute such offenses;

(6)

participate in nationally
coordinated investigations in any case in which the Attorney General determines
such participation to be necessary, as permitted by the available resources of
such task force;

(7)

establish or adopt
investigative and prosecution standards, consistent with established norms, to
which such task force shall comply;

(8)

investigate, and seek
prosecution on, tips related to Internet crimes against children, including
tips from the National Internet Crimes Against Children Data System established
in section 105, the National Center for Missing and Exploited Children’s
CyberTipline, ICAC task forces, and other Federal, State, and local agencies,
with priority being given to investigative leads that indicate the possibility
of identifying or rescuing child victims, including investigative leads that
indicate a likelihood of seriousness of offense or dangerousness to the
community;

(9)

develop procedures for
handling seized evidence;

(10)

maintain—

(A)

such reports and records
as are required under this title; and

(B)

such other reports and
records as determined by the Attorney General; and

(11)

seek to comply with
national standards regarding the investigation and prosecution of Internet
crimes against children, as set forth by the Attorney General, to the extent
such standards are consistent with the law of the State where the task force is
located.

105.

National Internet
Crimes Against Children Data System

(a)

In
general

The Attorney General shall establish a National Internet
Crimes Against Children Data System.

(b)

Intent of
Congress

It is the purpose and intent of Congress that the
National Internet Crimes Against Children Data System established in subsection
(a) is intended to continue and build upon Operation Fairplay developed by the
Wyoming Attorney General’s office, which has established a secure, dynamic
undercover infrastructure that has facilitated online law enforcement
investigations of child exploitation, information sharing, and the capacity to
collect and aggregate data on the extent of the problems of child
exploitation.

(c)

Purpose of
system

The National Internet Crimes Against Children Data System
established under subsection (a) shall be dedicated to assisting and supporting
credentialed law enforcement agencies authorized to investigate child
exploitation in accordance with Federal, State, local, and tribal laws,
including by providing assistance and support to—

provide, directly or in
partnership with a credentialed law enforcement agency, a dynamic undercover
infrastructure to facilitate online law enforcement investigations of child
exploitation;

(C)

facilitate the
development of essential software and network capability for law enforcement
participants; and

(D)

provide software or
direct hosting and support for online investigations of child exploitation
activities, or, in the alternative, provide users with a secure connection to
an alternative system that provides such capabilities, provided that the system
is hosted within a governmental agency or a credentialed law enforcement
agency.

(e)

Collection and
reporting of data

(1)

In
general

The National Internet Crimes Against Children Data System
established under subsection (a) shall ensure the following:

(A)

Real-time
reporting

All child exploitation cases involving local child
victims that are reasonably detectable using available software and data are,
immediately upon their detection, made available to participating law
enforcement agencies.

(B)

High-priority
suspects

Every 30 days, at minimum, the National Internet Crimes
Against Children Data System shall—

(i)

identify high-priority
suspects, as such suspects are determined by the volume of suspected criminal
activity or other indicators of seriousness of offense or dangerousness to the
community or a potential local victim; and

(ii)

report all such
identified high-priority suspects to participating law enforcement
agencies.

(C)

Annual
reports

Any statistical data indicating the overall magnitude of
child pornography trafficking and child exploitation in the United States and
internationally is made available and included in the National Strategy, as is
required under section 101(c)(16).

(2)

Rule of
construction

Nothing in this subsection shall be construed to
limit the ability of participating law enforcement agencies to disseminate
investigative leads or statistical information in accordance with State and
local laws.

(f)

Mandatory requirements
of network

The National Internet Crimes Against Children Data
System established under subsection (a) shall develop, deploy, and maintain an
integrated technology and training program that provides—

(1)

a secure, online system
for Federal law enforcement agencies, ICAC task forces, and other State, local,
and tribal law enforcement agencies for use in resolving case conflicts, as
provided in subsection (d);

(2)

a secure system enabling
online communication and collaboration by Federal law enforcement agencies,
ICAC task forces, and other State, local, and tribal law enforcement agencies
regarding ongoing investigations, investigatory techniques, best practices, and
any other relevant news and professional information;

(3)

a secure online data
storage and analysis system for use by Federal law enforcement agencies, ICAC
task forces, and other State, local, and tribal law enforcement
agencies;

(4)

secure connections or
interaction with State and local law enforcement computer networks, consistent
with reasonable and established security protocols and guidelines;

(5)

guidelines for use of the
National Internet Crimes Against Children Data System by Federal, State, local,
and tribal law enforcement agencies and ICAC task forces; and

(6)

training and technical
assistance on the use of the National Internet Crimes Against Children Data
System by Federal, State, local, and tribal law enforcement agencies and ICAC
task forces.

(g)

National Internet
Crimes Against Children Data System steering committee

The
Attorney General shall establish a National Internet Crimes Against Children
Data System Steering Committee to provide guidance to the Network relating to
the program under subsection (f), and to assist in the development of strategic
plans for the System. The Steering Committee shall consist of 10 members with
expertise in child exploitation prevention and interdiction prosecution,
investigation, or prevention, including—

(1)

3 representatives elected
by the local directors of the ICAC task forces, such representatives shall
represent different geographic regions of the country;

(2)

1 representative of the
Department of Justice Office of Information Services;

(3)

1 representative from
Operation Fairplay, currently hosted at the Wyoming Office of the Attorney
General;

(4)

1 representative from the
law enforcement agency having primary responsibility for hosting and
maintaining the National Internet Crimes Against Children Data System;

There are authorized to be appropriated for each
of the fiscal years 2009 through 2016, $2,000,000 to carry out the provisions
of this section.

106.

ICAC grant
program

(a)

Establishment

(1)

In
general

The Attorney General
is authorized to award grants to State and local ICAC task forces to assist in
carrying out the duties and functions described under section 104.

(2)

Formula grants

(A)

Development of
formula

At least 75 percent
of the total funds appropriated to carry out this section shall be available to
award or otherwise distribute grants pursuant to a funding formula established
by the Attorney General in accordance with the requirements in
subparagraph (B).

(B)

Formula
requirements

Any formula
established by the Attorney General under
subparagraph (A) shall—

(i)

ensure that each State or local ICAC task
force shall, at a minimum, receive an amount equal to 0.5 percent of the funds
available to award or otherwise distribute grants under
subparagraph (A); and

(ii)

take into consideration
the following factors:

(I)

The population of each
State, as determined by the most recent decennial census performed by the
Bureau of the Census.

(II)

The number of
investigative leads within the applicant’s jurisdiction generated by the ICAC
Data Network, the CyberTipline, and other sources.

(III)

The number of criminal
cases related to Internet crimes against children referred to a task force for
Federal, State, or local prosecution.

(IV)

The number of successful
prosecutions of child exploitation cases by a task force.

(V)

The amount of training,
technical assistance, and public education or outreach by a task force related
to the prevention, investigation, or prosecution of child exploitation
offenses.

(VI)

Such other criteria as
the Attorney General determines demonstrate the level of need for additional
resources by a task force.

(3)

Distribution of
remaining funds based on need

(A)

In
general

Any funds remaining
from the total funds appropriated to carry out this section after funds have
been made available to award or otherwise distribute formula grants under
paragraph (2)(A) shall be
distributed to State and local ICAC task forces based upon need, as set forth
by criteria established by the Attorney General. Such criteria shall include
the factors under
paragraph (2)(B)(ii).

(B)

Matching
requirement

A State or local
ICAC task force shall contribute matching non-Federal funds in an amount equal
to not less than 25 percent of the amount of funds received by the State or
local ICAC task force under
subparagraph (A). A State or local
ICAC task force that is not able or willing to contribute matching funds in
accordance with this subparagraph shall not be eligible for funds under
subparagraph (A).

(C)

Waiver

The
Attorney General may waive, in whole or in part, the matching requirement under
subparagraph (B) if the State or local ICAC task force demonstrates good cause
or financial hardship.

(b)

Application

(1)

In
general

Each State or local ICAC task force seeking a grant under
this section shall submit an application to the Attorney General at such time,
in such manner, and accompanied by such information as the Attorney General may
reasonably require.

(2)

Contents

Each
application submitted pursuant to paragraph (1) shall—

(A)

describe the activities
for which assistance under this section is sought; and

(B)

provide such additional
assurances as the Attorney General determines to be essential to ensure
compliance with the requirements of this title.

establish and support
forensic laboratories utilized in Internet crimes against children
investigations;

(3)

support investigations
and prosecutions of Internet crimes against children;

(4)

conduct and assist with
education programs to help children and parents protect themselves from
Internet predators;

(5)

conduct and attend
training sessions related to successful investigations and prosecutions of
Internet crimes against children; and

(6)

fund any other activities
directly related to preventing, investigating, or prosecuting Internet crimes
against children.

(d)

Reporting
Requirements

(1)

ICAC
reports

To measure the results of the activities funded by grants
under this section, and to assist the Attorney General in complying with the
Government Performance and Results Act (Public Law 103–62; 107 Stat. 285),
each State or local ICAC task force receiving a grant under this section shall,
on an annual basis, submit a report to the Attorney General that sets forth the
following:

(A)

Staffing levels of the
task force, including the number of investigators, prosecutors, education
specialists, and forensic specialists dedicated to investigating and
prosecuting Internet crimes against children.

(B)

Investigation and
prosecution performance measures of the task force, including—

(i)

the number of
investigations initiated related to Internet crimes against children;

(ii)

the number of arrests
related to Internet crimes against children; and

(iii)

the number of
prosecutions for Internet crimes against children, including—

(I)

whether the prosecution
resulted in a conviction for such crime; and

(II)

the sentence and the
statutory maximum for such crime under State law.

(C)

The number of referrals
made by the task force to the United States Attorneys office, including whether
the referral was accepted by the United States Attorney.

(D)

Statistics that account
for the disposition of investigations that do not result in arrests or
prosecutions, such as referrals to other law enforcement.

(E)

The number of
investigative technical assistance sessions that the task force provided to
nonmember law enforcement agencies.

(F)

The number of computer
forensic examinations that the task force completed.

(G)

The number of law
enforcement agencies participating in Internet crimes against children program
standards established by the task force.

(2)

Report to
congress

Not later than 1 year after the date of enactment of
this Act, the Attorney General shall submit a report to Congress on—

(A)

the progress of the
development of the ICAC Task Force Program established under section 102;
and

(B)

the number of Federal and
State investigations, prosecutions, and convictions in the prior 12-month
period related to child exploitation.

107.

Authorization of
appropriations

(a)

In
General

There are authorized to be appropriated to carry out this
title—

(1)

$60,000,000 for fiscal
year 2009;

(2)

$75,000,000 for fiscal
year 2010;

(3)

$75,000,000 for fiscal
year 2011;

(4)

$75,000,000 for fiscal
year 2012;

(5)

$75,000,000 for fiscal
year 2013;

(6)

$75,000,000 for fiscal
year 2014;

(7)

$100,000,000 for fiscal
year 2015; and

(8)

$100,000,000 for fiscal
year 2016.

(b)

Availability

Funds
appropriated under subsection (a) shall remain available until expended.

II

Additional measures to
combat child exploitation

201.

Additional regional
computer forensic labs

(a)

Additional
Resources

The Attorney General shall establish additional
computer forensic capacity to address the current backlog for computer
forensics, including for child exploitation investigations. The Attorney
General may utilize funds under this title to increase capacity at existing
regional forensic laboratories or to add laboratories under the Regional
Computer Forensic Laboratories Program operated by the Federal Bureau of
Investigation.

(b)

Purpose of New
Resources

The additional forensic capacity established by
resources provided under this section shall be dedicated to assist Federal
agencies, State and local Internet Crimes Against Children task forces, and
other Federal, State, and local law enforcement agencies in preventing,
investigating, and prosecuting Internet crimes against children.

(c)

New Computer Forensic
labs

If the Attorney General determines that new regional
computer forensic laboratories are required under subsection (a) to best
address existing backlogs, such new laboratories shall be established pursuant
to subsection (d).

(d)

Location of New
Labs

The location of any new regional computer forensic
laboratories under this section shall be determined by the Attorney General, in
consultation with the Director of the Federal Bureau of Investigation, the
Regional Computer Forensic Laboratory National Steering Committee, and other
relevant stakeholders.

(e)

Report

Not
later than 1 year after the date of enactment of this Act, and every year
thereafter, the Attorney General shall submit a report to the Congress on how
the funds appropriated under this section were utilized.

(f)

Authorization of
Appropriations

There are authorized to be appropriated for fiscal
years 2009 through 2016, $7,000,000 to carry out the provisions of this
section.

202.

Additional field
agents for the FBI

(a)

In
General

There are authorized to be appropriated to the Attorney
General $30,000,000 for each of the fiscal years 2009 through 2016 to fund the
hiring of full-time Federal Bureau of Investigation field agents and associated
analysts and support staff in addition to the number of such employees serving
in those capacities on the date of enactment of this Act.

(b)

Sole
Purpose

The sole purpose of the additional staff required to be
hired under subsection (a) is to work on child exploitation cases as part of
the Federal Bureau of Investigation’s Innocent Images National
Initiative.

203.

Immigration and
customs enforcement enhancement

(a)

Additional
Agents

There are authorized to be appropriated to the Secretary
of Homeland Security $15,000,000, for each of the fiscal years 2009 through
2016, to fund the hiring of full-time agents and associated analysts and
support staff within the Bureau of Immigration and Customs Enforcement in
addition to the number of such employees serving in those capacities on the
date of enactment of this Act.

(b)

Sole
Purpose

The sole purpose of the additional staff required to be
hired under subsection (a) is to work on child exploitation and child obscenity
cases.

204.

Combating child
exploitation via the United States Postal Service

(a)

In
General

There are authorized to be appropriated to the Postmaster
General $5,000,000, for each of the fiscal years 2009 through 2016, to fund the
hiring of full-time postal inspectors and associated analysts and support staff
in addition to the number of such employees serving in those capacities on the
date of the enactment of this Act.

(b)

Sole
Purpose

The sole purpose of the additional staff required to be
hired under subsection (a) is to work on child exploitation and child obscenity
cases and may be used to support the Deliver Me Home program developed by the
United States Postal Service.

III

Effective child
pornography prosecution

301.

Effective child
pornography prosecution

(a)

Sexual exploitation of
children

Section 2251 of title 18, United States Code, is
amended—

(1)

in subsection (a), by
striking knows or has reason to know and all that follows
through the period at the end, and inserting transported in or affecting
interstate or foreign commerce or using a facility or means of interstate or
foreign commerce or mailed, if such visual depiction was produced using
materials that have been mailed, shipped, or transported in interstate or
foreign commerce by any means, including by computer, or if such visual
depiction has actually been transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or foreign commerce or
mailed.;

(2)

in subsection (b), by
striking knows or has reason to know and all that follows
through the period at the end, and inserting transported in or affecting
interstate or foreign commerce or using a facility or means of interstate or
foreign commerce or mailed, if such visual depiction was produced using
materials that have been mailed, shipped, or transported in interstate or
foreign commerce by any means, including by computer, or if such visual
depiction has actually been transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or foreign commerce or
mailed.;

(3)

in subsection
(c)(2)—

(A)

in subparagraph (A), by
striking computer and inserting using a facility or means
of interstate or foreign commerce; and

(B)

in subparagraph (B), by
striking computer and inserting using a facility or means
of interstate or foreign commerce; and

(4)

in subsection
(d)(2)—

(A)

in subparagraph (A), by
striking transported in interstate and all that follows through
computer and inserting transported in or affecting
interstate or foreign commerce or using a facility or means of interstate or
foreign commerce,; and

(B)

in subparagraph (B), by
striking transported in interstate and all that follows through
computer and inserting transported in or affecting
interstate or foreign commerce or using a facility or means of interstate or
foreign commerce,.

(b)

Selling or buying of
children

Subsection (c)(2) of section 2251A of title 18, United
States Code, is amended by striking in interstate or foreign and
all that follows through computer or and inserting in or
affecting interstate or foreign commerce or using a facility or means of
interstate or foreign commerce, or by.

(c)

Material involving the
sexual exploitation of minors

Subsection (a) of section 2252 of
title 18, United States Code, is amended—

(1)

in paragraph (1), by
striking in interstate or foreign and all that follows through
computer and inserting in or affecting interstate or
foreign commerce or using a facility or means of interstate or foreign
commerce;

(2)

in paragraph (2)—

(A)

by striking has
been shipped or transported in interstate or foreign commerce and
inserting has been shipped or transported in or affecting interstate or
foreign commerce or using a facility or means of interstate or foreign
commerce; and

(B)

by striking
distribution in interstate or foreign commerce and inserting
distribution in or affecting interstate or foreign commerce or using a
facility or means of interstate or foreign commerce;

(3)

in paragraph (3)(B), by
striking has been shipped or transported in interstate or foreign
commerce and inserting has been shipped or transported in or
affecting interstate or foreign commerce or using a facility or means of
interstate or foreign commerce; and

(4)

in paragraph (4)(B), by
striking has been shipped or transported in interstate or foreign
commerce and inserting has been shipped or transported in or
affecting interstate or foreign commerce or using a facility or means of
interstate or foreign commerce.

(d)

Material constituting
or containing child pornography

Subsection (a) of section 2252A
of title 18, United States Code, is amended—

(1)

by striking in
interstate or foreign commerce by any means, including by computer each
place that term appears and inserting in or affecting interstate or
foreign commerce or using a facility or means of interstate or foreign
commerce; and

(2)

in paragraph (6)(C), by
striking or by transmitting or causing to be transmitted any wire
communication in interstate or foreign commerce, including by computer
and inserting or a facility or means of interstate or foreign
commerce.

(e)

Obscene visual
representations of the sexual abuse of children

Subsection (d)(4)
of section 1466A of title 18, United States Code, is amended by striking
has been shipped transported in interstate or foreign commerce by any
means, including by computer and inserting has been shipped or
transported in or affecting interstate or foreign commerce or using a facility
or means of interstate or foreign commerce.

(f)

Rule of
construction

Nothing in this title, or any amendment by this
title, shall be construed to foreclose any argument or ruling with respect to
any Federal law that, for the purposes of Federal jurisdiction, the use of a
facility or means of interstate or foreign commerce affects interstate or
foreign commerce.

302.

Prohibit the
broadcast of live images of child abuse

Section 2251 of title 18, United States Code
is amended—

(1)

in subsection (a),
by—

(A)

inserting or for
the purpose of transmitting a live visual depiction of such conduct
after for the purpose of producing any visual depiction of such
conduct;

(B)

inserting or
transmitted after if such person knows or has reason to know
that such visual depiction will be transported;

(C)

inserting or
transmitted after if that visual depiction was produced;
and

(D)

inserting or
transmitted after has actually been transported;
and

(2)

in subsection (b),
by—

(A)

inserting or for
the purpose of transmitting a live visual depiction of such conduct
after for the purpose of producing any visual depiction of such
conduct;

(B)

inserting or
transmitted after person knows or has reason to know that such
visual depiction will be transported;

(C)

inserting or
transmitted after if that visual depiction was produced;
and

(D)

inserting or
transmitted after has actually been transported.

303.

Amendment to section
2256 of title 18, United States Code

Section 2256(5) of title 18, United States
Code is amended by—

(1)

striking
and before data;

(2)

after visual
image by inserting , and data which is capable of conversion
into a visual image that has been transmitted by any means, whether or not
stored in a permanent format.

304.

Amendment to section
2260 of title 18, United States Code

Section 2260(a) of title 18, United States
Code, is amended by—

(1)

inserting or for
the purpose of transmitting a live visual depiction of such conduct
after for the purpose of producing any visual depiction of such
conduct; and

(2)

inserting or
transmitted after imported.

305.

Prohibiting the
alteration of an image of a real child to create an image of sexually explicit
conduct

(a)

In
general

Subsection (a) of section 2252A of title 18, United
States Code, is amended—

(1)

in paragraph (5) by
striking ; or and inserting a semicolon;

(2)

in paragraph (6), by
striking the period at the end and inserting ; or; and

(3)

by inserting at the end
the following:

(7)

knowingly creates,
alters, adapts, or modifies a visual depiction of an identifiable minor, as
defined in section 2256(9), so that it depicts child pornography as defined in
section 2256(8), and intends to distribute or actually distributes that visual
depiction by any means, where such person knows or has reason to know that such
visual depiction will be transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or foreign commerce or
mailed, where such visual depiction has actually been transported in or
affecting interstate or foreign commerce or using a facility or means of
interstate or foreign commerce or mailed, or where the visual depiction was
produced using materials that have been mailed, shipped, or transported in
interstate or foreign commerce by any means, including by
computer,

.

(b)

Penalty

Section
2252A(b) of title 18, United States Code, is amended by striking (4), or
(6) and inserting (4), (6), or (7).

306.

Referrals to
authorized foreign law enforcement agencies

(a)

Voluntary
reports

A provider of electronic communication services or remote
computing services may voluntarily make a report, as defined at section
227(b)(1) of the Victims of Child abuse Act of 1990 (42 U.S.C. 13032(b)(1)),
directly to a representative of a foreign law enforcement agency—

(1)

of a foreign state that
is a signatory to a Mutual Legal Assistance Treaty with the United States that
has been ratified by the United States Senate and has come into force;
and

(2)

that has certified in
writing that the request is made for the purpose of investigating, or engaging
in enforcement proceedings related to, possible violations of foreign laws
related to child pornography and child exploitation similar to practices
prohibited by sections 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18,
United States Code, involving child pornography (as defined in section 2256 of
that title), or 1466A of that title.

(b)

Reports to foreign law
enforcement

Reports to foreign law enforcement may only be
transmitted to the Central Authority designated in the foreign country's Mutual
Legal Assistance Treaty with the United States and may only be transmitted via
mail or fax, or via electronic mail to a government-owned e-mail domain.

(c)

Reports to
NCMEC

Nothing in this section shall be construed to relieve
providers of electronic communication services or remote computing services of
their obligations under section 227(b)(1) of the Victims of Child abuse Act of
1990 (42 U.S.C. 13032(b)(1)) to make reports to the National Center for Missing
and Exploited Children.

(d)

Limitation on
liability

(1)

In
general

Except as provided in paragraph (2), a provider of
electronic communication services or remote computing services, or any of its
directors, officers, employees, or agents, is not liable in any civil or
criminal action arising from the performance of the reporting activities
described in subsection (a).

(2)

Intentional, reckless,
or other misconduct

Paragraph (1) does not apply in an action in
which a party proves that the provider of electronic communication services or
remote computing services, or its officer, employee, or agent as the case may
be, engaged in intentional misconduct or acted with actual malice, or with
reckless disregard to a substantial risk of causing injury without legal
justification.

IV

National Institute of
Justice Study of Risk Factors

401.

NIJ Study of Risk
Factors for Assessing Dangerousness

(a)

In
general

Not later than 1 year after the date of enactment of this
Act, the National Institute of Justice shall prepare a report to identify
investigative factors that reliably indicate whether a subject of an online
child exploitation investigation poses a higher risk of harm to children. Such
a report shall be prepared in consultation and coordination with Federal law
enforcement agencies, the National Center for Missing and Exploited Children,
Operation Fairplay at the Wyoming Attorney General's Office, the Internet
Crimes Against Children Task Force, and other State and local law
enforcement.

(b)

Contents of
analysis

The report required by subsection (a) shall include a
thorough analysis of potential investigative factors in on-line child
exploitation cases and an appropriate examination of investigative data from
prior prosecutions and case files of identified child victims.

(c)

Report to
Congress

Not later than 1
year after the date of enactment of this Act, the National Institute of Justice
shall submit a report to the House and Senate Judiciary Committees that
includes the findings of the study required by this section and makes
recommendations on technological tools and law enforcement procedures to help
investigators prioritize scarce resources to those cases where there is actual
hands-on abuse by the suspect.

(d)

Authorization of
appropriations

There are
authorized to be appropriated $1,000,000 to the National Institute of Justice
to conduct the study required under this section.

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